Michigan 2023 2023-2024 Regular Session

Michigan House Bill HB4143 Comm Sub / Analysis

Filed 04/27/2023

                    (12)  
Act No. 22 
Public Acts of 2023 
Approved by the Governor 
April 26, 2023 
Filed with the Secretary of State 
April 26, 2023 
EFFECTIVE DATE: Sine Die 
(91st day after final adjournment of the 2023 Regular Session) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
STATE OF MICHIGAN 
102ND LEGISLATURE 
REGULAR SESSION OF 2023 
 
Introduced by Reps. Grant, Breen, Morse, Skaggs, Rogers, Brixie, Rheingans, Glanville, Arbit, 
Hood, Martus, Wegela, Price, Pohutsky, Byrnes, Brabec, Young, Hope, Morgan, MacDonell, 
McKinney,  Puri,   Weiss,   Stone,   Mentzer,   Liberati,   Scott,   Koleszar,   Hoskins,   O’Neal, 
Brenda Carter, Tyrone Carter, Dievendorf, Neeley, Tsernoglou, Snyder, Steckloff, Coffia, 
Wilson, Conlin, Fitzgerald, Paiz, McFall, Whitsett and Aiyash 
 
ENROLLED HOUSE BILL No. 4143 
 
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal 
procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under 
the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and 
ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and 
ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance 
violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure 
relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons 
complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those 
trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; 
to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to 
new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation 
throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation 
of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for 
procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees 
of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions 
as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act;  2  
and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by 
amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 
PA 234 and section 16m as amended by 2018 PA 637. 
 
The People of the State of Michigan enact: 
 
CHAPTER XVII 
 
 
Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled 
Laws: 
 
M.C.L. 	Category Class Description 	Stat Max 
28.214(6)(b) 	Pub trst F Unauthorized disclosure of 
information from LEIN — 
subsequent offense 
4 
28.293(1) 	Pub ord E False information when applying for 
state ID 
5 
28.293(2) 	Pub ord D False information when applying for 
state ID — second offense 
7 
28.293(3) 	Pub ord C False information when applying for 
state ID — third or subsequent 
offense 
15 
28.295(1)(a) 	Pub ord D Counterfeiting or forging state ID 
card or using counterfeited or forged 
state ID card to commit felony 
punishable by imprisonment for 
10 years or more 
10 
28.295(1)(b) 	Pub ord E Counterfeiting or forging state ID 
card or using counterfeited or forged 
state ID card to commit felony 
punishable by imprisonment for less 
than 10 years or a misdemeanor 
punishable by more than 6 months 
5 
28.295(2) 	Pub ord E Selling counterfeited or forged state 
ID card or possessing counterfeited or 
forged state ID card with intent to 
deliver to another person or 
possessing 2 or more counterfeited or 
forged state ID cards 
5 
28.295(5) 	Property H Using stolen state ID card to commit 
felony 
Variable 
28.295a(1) 	Pub ord H False representation to obtain or 
misuse personal information 
4 
28.295a(2) 	Pub ord G False representation to obtain or 
misuse personal information — 
second offense 
7 
28.295a(3) 	Pub ord C False representation to obtain or 
misuse personal information — third 
or subsequent offense 
15 
28.308 	Pub saf E False certification or statement in 
application for enhanced driver 
license or enhanced official state 
personal identification card 
5 
28.422(14) 	Pub saf F Forgery on firearm license 
application 
4  3  
 
28.422a(5) 	Pub saf F False statement on firearm sales 
record 
4 
28.425b(3) 	Pub saf F False statement on concealed pistol 
permit application 
4 
28.425j(3) 	Pub saf F Unlawful granting or presenting of 
pistol training certificate 
4 
28.425o(6)(c) 	Pub saf F Carrying concealed pistol or electro- 
muscular disruption device in 
prohibited place — third or 
subsequent offense 
4 
28.429(4) 	Pub saf E Failure to store a firearm resulting in 
injury 
5 
28.429(5) 	Pub saf D Failure to store a firearm resulting in 
serious impairment of body function 
10 
28.429(6) 	Pub saf C Failure to store a firearm resulting in 
death 
15 
28.435(14)(c) 	Pub saf G Firearm sale without trigger lock, 
gun case, or storage container — 
third or subsequent offense 
2 
28.468(1)(c) 	Pub saf E Michigan fireworks safety act 
violation causing serious impairment 
5 
28.468(1)(d) 	Pub saf C Michigan fireworks safety act 
violation causing death 
15 
28.516(2) 	Pub saf F False statement on concealed firearm 
certificate application 
4 
28.674 	Pub saf F False report of a public threat 	4 
28.729(1)(a) 	Pub ord F Failure to register as a sex offender, 
first offense 
4 
28.729(1)(b) 	Pub ord D Failure to register as a sex offender, 
second offense 
7 
28.729(1)(c) 	Pub ord D Failure to register as a sex offender, 
third or subsequent offense 
10 
28.729(2) 	Pub ord F Failure to update sex offender 
registration information 
2 
28.754(1) 	Pub ord F False report of a child abduction 4 
 
Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled 
Laws: 
 
M.C.L. 	Category Class Description 	Stat Max 
750.223(2) 	Pub saf F Sale of firearm to minor — 
subsequent offense 
 
4 
750.223(3) 	Pub ord D Sale of firearm to person prohibited 
from possessing 
 
10 
750.224 	Pub saf E Manufacture or sale of silencer, 
bomb, blackjack, automatic weapon, 
gas spray, etc. 
 
 
5 
750.224a(4) 	Pub saf F Possession or sale of electrical 
current weapons 
 
4 
750.224a(6) 	Pub saf G Improper use of electro-muscular 
disruption device 
 
2 
750.224b 	Pub saf E Possession of short barreled shotgun 
or rifle 
 
5 
750.224c 	Pub saf F Armor piercing ammunition 	4  4  
 
750.224d(2) 	Person G Using self-defense spray device 2 
750.224e 	Pub saf F Manufacture/sale/possession of 
devices to convert semiautomatic 
weapons 
 
 
4 
750.224f(5) 	Pub saf E Possession or sale of firearm by felon 5 
750.224f(6) 	Pub saf E Possession or sale of ammunition by 
felon 
 
5 
750.226 	Pub saf E Carrying firearm or dangerous 
weapon with unlawful intent 
 
5 
750.227 	Pub saf E Carrying a concealed weapon 	5 
750.227a 	Pub saf F Unlawful possession of pistol 	4 
750.227c 	Pub saf G Possessing a loaded firearm in or 
upon a vehicle 
 
2 
750.227f 	Pub saf F Wearing body armor during 
commission of certain crimes 
 
4 
750.227g(1) 	Pub saf F Felon purchasing, owning, 
possessing, or using body armor 
 
4 
750.230 	Pub saf G Altering ID mark on firearm 	2 
750.232a(3) 	Pub saf G False statement in a firearm 
application 
 
4 
750.234a(1)(a) Pub saf D Discharging firearm from vehicle 10 
750.234a(1)(b) Person C Discharging firearm from vehicle 
causing physical injury 
 
15 
750.234a(1)(c) Person B Discharging firearm from vehicle 
causing serious impairment 
 
20 
750.234a(1)(d) Person A Discharging firearm from vehicle 
causing death 
 
Life 
750.234b(1) 	Pub saf D Discharging firearm at a dwelling or 
potentially occupied structure 
 
10 
750.234b(2) 	Pub saf D Discharging firearm in a dwelling or 
potentially occupied structure 
 
10 
750.234b(3) 	Pub saf C Discharging firearm in or at a 
dwelling or potentially occupied 
structure causing physical injury 
 
 
15 
750.234b(4) 	Person B Discharging firearm in or at a 
dwelling or potentially occupied 
structure causing serious impairment 
 
 
20 
750.234b(5) 	Person A Discharging firearm in or at a 
dwelling or potentially occupied 
structure causing death 
 
 
Life 
750.234c 	Pub saf F Discharging firearm at 
emergency/police vehicle 
 
4 
750.235b(2) 	Pub saf D Threatening to commit violent act 
against school students or employees 
on school property with an overt act 
toward completion or with specific 
intent 
 
 
 
 
10 
750.236 	Person C Setting spring gun — death resulting 15 
750.237(3) 	Person E Using firearm while under the 
influence or impaired causing serious 
impairment 
 
 
5 
750.237(4) 	Person C Using firearm while under the 
influence or impaired causing death 
 
15  5  
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4138 of the 102nd Legislature 
is enacted into law. 
 
 
 
 
 
 
 
 
Clerk of the House of Representatives 
 
 
 
 
 
 
Secretary of the Senate 
 
 
 
 
 
Approved   
 
 
 
 
 
 
Governor 
 
 
 
 
 
 
 
 
Compiler's note: House Bill No. 4138, referred to in enacting section 1, was filed with the Secretary of State 
April 13, 2023, and became 2023 PA 19, Eff. (sine die).